Unlimitedeffect’s Payment Terms
The following terms (these “Payment Terms”) govern payments you make or receive through www.unlimitedeffect.com (the “Site”), operated by Future Solutions International Ltd. (No.19, Colonia, Ihala Galayaya, Pannala, Sri Lanka). For payments made from or received in the U.S., these Payment Terms are between you and Future Solutions International Inc. (38 Greene St. NY 10013, NY, USA), for payments made from outside the U.S., Futute Solutions International Limited (No.19, Colonia, Ihala Galayaya, Pannala, Sri Lanka) and for payments received from outside the U.S., Future Solutions International Ltd. (No.19, Colonia, Ihala Galayaya, Pannala, Sri Lanka). Future Solutions International Ltd. and its subsidiaries, Unlimitedeffect Inc. and Future Solutions International Limited are collectively referred hereto as “Unlimitedeffect” “we” or “us”.
Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Unlimitedeffect’s general terms of service (the “Terms of Service”)
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
Unlimitedeffect Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer and/or your Unlimitedeffect Business Balance (as defined in the Unlimitedeffect Business Terms).
Payment Services Provider(s) are service providers that provide payment services to Buyers in connection with the Unlimitedeffect platform, including with respect to collection of funds from Buyers in connection with purchases, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Unlimitedeffect Balances.
- Buyers pay Unlimitedeffect to create an order from a Job page or Custom Offer, using the Order Now button. Unlimitedeffect partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers Unlimitedeffect, and holding funds in connection with Unlimitedeffect Balances. All payments services in connection with the collection of funds on the Unlimitedeffect platform are performed by Unlimitedeffect’s Payment Services Providers.
- In most locations, purchases on Unlimitedeffect can be made by using one of the following payment methods: Credit Card (Powered by Stripe), PayPal, BitPay, Unlimitedeffect Credits or existing Unlimitedeffect Balance. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of September 2020, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
- Your existing Unlimitedeffect Balance will be automatically applied to your next purchase.
- By using any payment method and/or providing payment details for making purchases on Unlimitedeffect , you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Fiverr; and (d) such actions do not violate any applicable law.
- You can pay on Unlimitedeffect in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Unlimitedeffect’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Note that all prices on Unlimitedeffect are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your Unlimitedeffect Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Unlimitedeffect Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Unlimitedeffect Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their Unlimitedeffect Balance in US$ by changing their selected displayed currency.
- Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on the billing information provided by the Buyer and the applicable laws of their billing location, and, if no billing information was provided, depending on their location and the applicable laws of such location. All indirect taxes are in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax, and/or deductions.
In certain instances, Unlimitedeffect may offer you credits (“Unlimitedeffect Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Job and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Unlimitedeffect Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Unlimitedeffect Credits expire following three months from their receipt. Unlimitedeffect Credits serve only as an incentive to use Unlimitedeffect , and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Unlimitedeffect Credits may not be returned to your account even if your Order gets canceled. Fiverr Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Unlimitedeffect reserves the right to modify or cancel the Unlimitedeffect Credits program at any time. If you or Unlimitedeffect deactivate or suspend your Unlimitedeffect account, any unused Unlimitedeffect Credits in your account will be forfeited.
Disputes and Cancellations
We encourage our Buyers to try and settle conflicts using the Resolution Center. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Unlimitedeffect’s Customer Support department for assistance here.
- Order cancellations can be performed on Unlimitedeffect, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- Unlimitedeffect , through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
- If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Unlimitedeffect Balance.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Unlimitedeffect beyond the agreed requirements by using the Request Revisions button is not allowed.
- Eligibility for requests to Unlimitedeffect to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Unlimitedeffect delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s Unlimitedeffect Balance.
- Orders are not eligible to be canceled based on the quality of service/materials delivered by the Unlimitedeffect if the service was rendered as described in the Job Page. You may rate your experience with the Unlimitedeffect on the Order Page, including the overall level of service quality received.
- You must use Unlimitedeffect Resolution Center to address your concerns and desired resolution related to the service provided by Unlimitedeffect prior to contacting Customer Support.
- Any non-permitted usage of Unlimitedeffect encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Unlimitedeffect’s Terms of Service.
- Unlimitedeffect Customer Support will cancel orders based on, but not limited to, the following reasons:
Active orders (after requirements were submitted to the Unlimitedeffect and before the Unlimitedeffect delivers on Unlimitedeffect):
- Unlimitedeffect is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of their requirements or the Unlimitedeffect’s delivery.
Completed Orders (after the order is marked as complete and before the 14-day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Unlimitedeffect’s Job Page and cannot be retroactively included once the order is completed for over 14 days.
- Unlimitedeffect Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.
Unlimitedeffect reviews cases of payment provider chargebacks and disputes. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in our favor. If the chargeback case allows, Unlimitedeffect (or one of Unlimitedeffect’s Payment Services Providers) will return parts or full revenue back to us.
- Unlimitedeffect does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Unlimitedeffect Balance and are available for future purchases on Unlimitedeffect . Unlimitedeffect returns service fees to your Unlimitedeffect Balance once an order is canceled. In any event, if the service fees were not returned to your Unlimitedeffect Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Unlimitedeffect.
- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
- Unlimitedeffect may make changes to these Payment Terms from time to time. When these changes are made, Unlimitedeffect will make a new copy of the terms available on this page.
- You understand and agree that if you use Unlimitedeffect after the date on which the Payment Terms have changed, Unlimitedeffect will treat your use as acceptance of the updated Payment Terms.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNLIMITEDEFFECT NOR ANY PERSON ASSOCIATED WITH UNLIMITEDEFFECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIVERR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF UNLIMITEDEFFECT, UNLIMITEDEFFECT AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Fiverr, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.